S.P. Bhargava, J.

This appeal arises out of a suit for possession of 134.11 acres of Bhogra lands situate at mouza Salhepali, Tahsil Gharghoda, details whereof are given in the plaint. The suit was dismissed by the Second Civil Judge, Raigarh, on the ground that it was not maintainable. The plaintiffs have, therefore, come up in appeal.

One Ayodhyasingh was admittedly the Zamindar of mouza Salhepali at the relevant time. Up to 22-9-1942, one Samru was the Gaontia of the village, Salhepali, and was in possession of the suit lands, recorded in the revenue papers as Bhogra lands.

The plaintiffs' case was that Samru was ejected from his Theka of mouza Salhepali under the orders of the Tahsildar, Gharghoda, on 22-9-1942 on the ground that he had failed to pay the arrears of land revenue. This order of eviction was obtained by Ayodhyasingh. In pursuance of the order, Ayodhyasingh took poseession of all the suit lands through the Nazir of the Tahsil Court, Gharghoda, on 6-10-1942. This is shown by Exh. P-7 and Exh. P-8 on record. After obtaining possession of lands, Ayodhyasingh granted a patta of the village under a registered instrument to plaintiff No. 1 Harischandra on 7-10-1942.